Terms of Service

Theatre Intelligence provides a cloud-based network monitoring and observability platform purpose-built for entertainment venues, including cinemas, theatres, and amphitheatres. The Services enable customers to monitor and receive alerts regarding the health and performance of connected equipment including digital projectors, audio racks, power distribution units (PDUs), automation systems, and theatre management systems (TMS).

The Services are provided on a subscription basis as described in the applicable order form or pricing page at the time of purchase. We reserve the right to modify, suspend, or discontinue any feature of the Services at any time, with reasonable prior notice where practicable. We will use commercially reasonable efforts to provide at least 30 days notice before discontinuing any material feature.

You must create an account to access the Services. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must notify us immediately at [email protected] if you suspect any unauthorised use of your account or any other security breach. We will not be liable for any loss resulting from unauthorised use of your account credentials. Enterprise accounts may provision multiple user seats as defined in their order form; the account owner is responsible for all users provisioned under the account.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services to: (a) violate any applicable law or regulation; (b) infringe the intellectual property rights of any third party; (c) transmit any material that is unlawful, harmful, defamatory, or otherwise objectionable; (d) attempt to gain unauthorised access to any part of the Services or related systems; (e) interfere with or disrupt the integrity or performance of the Services; or (f) engage in any automated data scraping, crawling, or harvesting of Service content without our prior written consent.

We reserve the right to investigate and take appropriate legal action against any party that, in our sole discretion, violates this section, including without limitation removing the offending content, suspending or terminating the account of such violators, and reporting such violations to law enforcement authorities.

Subscriptions are billed in advance on a monthly or annual basis, as selected at the time of purchase. All fees are stated in US dollars and are exclusive of applicable taxes. You authorise us to charge your designated payment method for all fees due. If a payment fails, we will notify you and may suspend access to the Services until payment is received.

Annual subscriptions may be cancelled at any time; however, we do not provide refunds for the unused portion of a prepaid annual term except where required by applicable law. Monthly subscriptions may be cancelled at any time and will not renew at the end of the current billing period. We reserve the right to change our pricing with 60 days written notice. Price changes will not affect the current prepaid term.

The Services, including all software, algorithms, interfaces, documentation, and content provided by Theatre Intelligence, are and remain the exclusive property of Theatre Intelligence, Inc. and its licensors. These Terms do not grant you any right, title, or interest in the Services except for the limited right to use the Services in accordance with these Terms.

You retain all rights to the data you submit to the Services ("Customer Data"). By using the Services, you grant us a limited, non-exclusive, royalty-free licence to process your Customer Data solely as necessary to provide the Services to you. We will not access, use, or disclose your Customer Data except as necessary to provide the Services or as required by law.

Either party may terminate these Terms at any time for any reason by providing written notice. Upon termination, your right to access and use the Services will immediately cease. We will retain your Customer Data for 90 days following termination to allow you to export your data. After this period, your data will be permanently deleted in accordance with our data retention practices.

We may suspend or terminate your access to the Services immediately, without prior notice or liability, if you breach any provision of these Terms, if we are required to do so by law, or if we reasonably believe your use of the Services poses a risk to the security or integrity of the platform. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THEATRE INTELLIGENCE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO THEATRE INTELLIGENCE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Suffolk County, Massachusetts, and you hereby consent to personal jurisdiction in such courts.

If you have any questions about these Terms, please contact us at [email protected].